Bardsley v. Smith

Appellate Division of the Supreme Court of New York

Bardsley v. Smith

232 A.D. 730

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 1931

StatusPublished

This text of 232 A.D. 730 (Bardsley v. Smith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bardsley v. Smith, 232 A.D. 730 (N.Y. Ct. App. 1931).

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Opinion

Per Curiam.

Without adopting the specific views expressed by the learned trial justice at the close of the evidence and which were made the basis of the court’s dismissal of the complaint, we are of opinion that the judgment is proper and the decision on which it is based has ample support in the evidence. The findings of no reliance upon the alleged fraud, of waiver, and of failure to prove damages, are amply supported. The judgment should be affirmed, with costs. Present — Dowling, P. J., Merrell, Martin, O’Malley and Sherman, JJ. Judgment affirmed, with costs.

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Per Curiam.

Without adopting the specific views expressed by the learned trial justice at the close of the evidence and which were made the basis of the court’s dismissal of the complaint, we are of opinion that the judgment is proper and the decision on which it is based has ample support in the evidence. The findings of no reliance upon the alleged fraud, of waiver, and of failure to prove damages, are amply supported. The judgment should be affirmed, with costs. Present — Dowling, P. J., Merrell, Martin, O’Malley and Sherman, JJ. Judgment affirmed, with costs.

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Bluebook (online)

232 A.D. 730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bardsley-v-smith-nyappdiv-1931.